Equal human rights is the foundation of democracy. Below is a brief enumeration and description of these rights:
 

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bulletRight to life
bulletEvery person has a right to life.
bulletThis right may be taken by the State only in accordance with a:
  1. Written code of police conduct involving self defense during police and security operations;

  2. written code of military conduct involving military operations;

  3. written judicial procedure involving legal punishment for certain horrendous crimes.

bulletRight to freedom from slavery and forced labor
bulletNo person may be made a slave.
bulletNo person may be forced to labor against their will except in accordance with a written judicial procedure involving legal punishment for specified crimes.
bulletRight to citizenship
bulletNo citizen may be deprived of their Sudanese citizenship against their will.
bulletThe Transitional Government will recognize citizenship bestowed by all past laws and may make other laws concerning the bestowing and regulation of citizenship as long as those laws do not conflict with the Transitional Bill of Rights.
bulletSudanese citizenship during the Transition Period is automatically conferred on anyone [Insert the requirements here].
bulletRight to equality
bulletEvery citizen is equal before the law and has a right to equal protection of the law.
bulletThe State may not unfairly discriminate against any citizen on the basis of race, religion, culture, color tribe, ethnic origin, or gender.
bulletThe right of equality includes full and equal enjoyment of all rights and freedoms. To achieve such equality the Transitional Government may take temporary measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination in the past.
bulletRight to freedom of religion, belief, and opinion
bulletEvery citizen has freedom of religion, belief, and opinion.
bulletThis freedom includes the right of each citizen to peacefully inform others about one's religion, belief or opinion.
bulletThe state shall not favour any religion, belief or opinion over another, although the Transitional Government may choose to encourage the general role of religion in Sudanese society by encouraging the worship of the God of the individual's choice, the joining of a religion of the individual's choice, as long as the Transitional Government does so in a manner that in no way favors one religion over another.
bulletRight to freedom of expression
bulletEvery citizen has the right to freedom of expression, which includes: freedom to receive or to impart information or ideas; freedom of the press and other communication media.
bulletThis right does not extend to:
  1. propaganda for war;

  2. incitement of imminent violence either directly or indirectly;

  3. advocacy of hatred based on race, ethnicity, tribe, religion, or gender;

  4. libel the making of a derogatory public statement about another person which statement is known by the maker to be false or known to be made in reckless disregard for the truth.

bulletRight to freedom of political participation
bulletEvery citizen over the age of eighteen (18) has the right:
bulletto cast a secret ballot in any election (local, municipal, regional, or national) that pertains to him or her;
bulletto reasonable access to a voting station;
bulletto a "one person/one vote" election in which
bulleteach voter votes only once,
bulleteach vote cast is counted and,
bulleteach vote is counted only once;
bulletto an election overseen by an independent Electoral Commission whose members cannot be removed except for cause and who have received Internationally recognized training in managing elections.
bulletEvery citizen over the age of twenty-one (21 ) has the right to run for public of lice; and if elected, hold that of lice.
bulletEvery citizen has the freedom to form, participate in, recruit members for, and campaign for a political party or a political cause.
bulletRight to freedom of assembly and petition
bulletEvery citizen has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.
bulletThis right can only be limited during the Transitional Period if the Transitional Government applies to the proper court for an order prohibiting en assembly based on a significant probability that such an assembly may lead to violence.
bulletAnyone directly effected by such an order may make immediate appeal to the court that issued the order or to the next higher court to have the order lifted.
bulletRight to freedom of travel and residence
bulletEvery adult citizen has the right to leave the republic, enter the republic, or reside anywhere in the republic.
bulletEvery citizen has a right to be issued a passport, but a citizen may be required to turn his or her passport in during any stage of a criminal investigation or proceeding.
bulletRight to security and dignity of the person
bulletEvery person has the right to the security and dignity of his or her person, which includes the right:
bulletTo not be tortured or treated in any cruel, inhuman or degrading manner.
bulletTo not be deprived of freedom without due process of law. Due process of law applied to the security of each person shall include as a minimum:
bulletthe right not to be detained without trial;
bulletthe right to remain silent and to not be compelled to make any confession or admission;.
bulletthe right to be brought before a court within 72 hours of being arrested;
bulletthe right to be charged with a crime at the first court hearing or to be released if not so charged;
bulletthe right to choose and consult with the legal practitioner of his or her choice upon request at anytime after arrest;
bulletthe right to a fair trial which shall include as a minimum the right
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1.      to be informed of the charge in sufficient detail to answer it,

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2.      to a public trial before an officially appointed judge,

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3.      to be present when tried,

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4.      to challenge evidence and cross examine witnesses,

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5.      to remain silent and not testify,

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6.      to be tried in a language the accused understands or to be provided with a competent interpreter,

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7.      to not be tried for an offense that was not an offense under national or international law at the time the offense was committed,

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8.      to not be tried twice for the same offense,

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9.      to appeal or review by a higher court.

bulletRight to property
bulletNo person shall be deprived of property of which he or she is the lawful owner except in accordance with a written procedure of expropriation for the public good and only after receiving just compensation for any property so expropriated.
bulletSpecial clarification of the right to property during the Transitional Period
bulletA person is never the lawful owner of properly that he or she has received illegally or of assets that directly result from use of such property. Illegally gained property and the assets proceeding from such property are subject to forfeiture by the Transitional Government.
bulletSince the government which took power by military force on June 30, 1989 was an illegal government, and since it established an illegal one party state with the National Islamic Front (NIP), all property transactions, direct or indirect, made with that government and made with the National Islamic Front after June 30, 1989 are potentially illegal and voidable transactions. Lawful ownership resulting from such transactions will be determined by the National Commission on the Return of Illegal Assets to the People of Sudan.
bulletEvery person has a right to the privacy of their property including their papers, possessions, home, business, and communications. Such property cannot be seized or searched by the state without a court order, except in written emergency circumstances spelled out in the Sudanese penal code or in written codes of police conduct .
bulletRight to freedom of fair labor relations
bulletEvery citizen has the right to fair labor relations.
bulletEvery worker has the right to form and join a trade or labor union end to participate in the activities of a union to include the right to strike, except for government employees who must serve the people during the Transitional Period.
bulletThe Transitional Government may bring a petition to the Supreme Court alleging that a particular strike or labor action would cause or is causing grave and serious damage to national security or to public health and welfare. After a hearing in which the labor organization(s) are represented, the Supreme Court may make such orders as appropriate or necessary to prevent grave and serious damage to national security or to public health and welfare.
bulletEvery employer has the right to form and join employer's organizations.
bulletEvery union, employer, or employer's organization has the right to engage in collective bargaining, and the Transitional Government may promulgate measures to regulate the collective bargaining process to ensure it is fair to all sides.
bulletRight to a healthy environment
bulletEvery citizen has the right
bulletto an environment that is not harmful to their health or well‑being;
bulletto have the environment protected for the benefit of present and future generations through reasonable measures which: prevent pollution and ecological degradation; promote conservation; secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
bulletRight of language and culture
bulletEvery citizen has the right to use the language and to participate in the cultural life or religious life of their choice and to form, join and maintain cultural, religious or linguistic associations or other organs of civil society.
bulletBut no citizen exercising these rights may do so in a manner inconsistent with any other provision of the Transitional Bill of Rights.

 

Copyright © 2001by Dr. Ahmad Al Safi: Practical Democracy (الديموقراطية العملية). All Rights Reserved
Last modified: April 30, 2003